Filing an Ex Parte Motion
An ex parte motion is requesting a judge to make a decision without requiring all of the parties to the issue being present. Of filing an ex parte motion you must also include a proposed order. There are no prepared court forms for an ex parte motion.
Ex parte motions have different criteria that have to be present within the motion and/or order and must include certain language. Also, depending on the type of case you are filing an ex parte motion on additional wording may be necessary. If the ex parte motion and proposed order are properly formatted and contain all of the necessary language the presiding judge will review the information. The judge may:
- grant the ex parte and sign the proposed order.
- partially grant the ex parte motion and generate a modified order.
- deny the ex parte motion.
Please see Ex Parte Instructions – Newaygo County for general information on formatting and required language for ex parte motions.
Ex parte motions may be filed in the Circuit Court Lobby from 8:00 AM – 12:00 PM and 1:00 PM to 4:00 PM. Properly formatted ex parte motions presented to the Circuit Court after 4:00 PM will be given to the presiding judge first thing in the morning the next business day. The Circuit Court must provide the filer with information about the outcome of their motion by 5:00 PM on the following business day.
Ex parte costs vary based on whether your case is open or closed with the Circuit Court Clerk’s office. Please see the Circuit Court Fees section for more information.
Please note that the Circuit Court may not provide legal advice. If you need assistance with completing your ex parte motion please consult with an attorney.
EX PARTE INSTRUCTIONS Newaygo County
Changing or Objecting to an ExParte Order
If a judge has signed a proposed order it will then become an ex parte order. If you do not agree with the ex parte order you may ask the court to rescind or modify the order. For custody, parenting time, or support cases please see Changing an Ex Parte Order – Forms and Instructions for more details on how this process works. Additionally, please find the accompanying FOC 61- Objection to Ex Parte Order and Motion to Rescind or Modify for submission purposes.
Objection To Ex Parte Order And Motion To Rescind Or Modify FOC 61 Instructions
Ex Parte Submission
Ex parte motions may be submitted in person or via first class mail.
By Mail: Newaygo County Circuit Court
PO BOX 885
White Cloud, MI 49349
Further Information
Please check out Michigan Legal Help and the Michigan Courts website for further information:
